Advertisement

loader

Talk

Advanced search

Is everyone entitled to paternity leave?

(8 Posts)
Stylingwax Sun 25-Oct-15 12:48:30

I'm due with DC2 beginning of January. DP started a new job in June this year, I know he won't be entitled to paid leave, but is he entitled to any unpaid leave at all?
Company are saying no and that he has to take his accrued holiday in November, because he can't carry any over, and can't take any in Dec or January because they're too busy.
I've looked on the gov website but it's not clear, does anybody know?

dementedpixie Sun 25-Oct-15 12:57:00

No I don't think he is entitled to paternity leave as the .gov website has the same conditions for both leave and pay (unlike maternity pay/leave). It just depends on the goodwill (or not) of the company.

Paternity Leave
You must:

be an employee
*have worked for your employer continuously for at least 26 weeks by the end of the 15th week before the expected week of childbirth (known as the ‘qualifying week’)+
give the correct notice
The ‘qualifying week’ is different if you adopt.

Paternity Pay
You must:

have worked for your employer continuously for at least 26 weeks by the end of the 15th week before the expected week of childbirth (known as the ‘qualifying week’)
be employed by your employer up to the date of birth
earn at least £112 a week (before tax)
give the correct notice

thatstoast Sun 25-Oct-15 13:00:32

The gov website says to qualify for leave you must meet the following conditions:
You must:

be an employee
have worked for your employer continuously for at least 26 weeks by the end of the 15th week before the expected week of childbirth (known as the ‘qualifying week’)
give the correct notice

So it seems he doesn't meet the second condition and so would not be entitled to it. It's really harsh to not let him take annual leave though.

ComeLuckyApril Sun 25-Oct-15 13:40:18

Depending on your work situation and if he was in employment before moving jobs, you might be able to share some of your year's leave with him under shared parental leave (you can both be on leave at the same time, so you could give him a few weeks etc while still remaining on leave). Depends on your situation though, check it here: www.gov.uk/pay-leave-for-parents

Stylingwax Sun 25-Oct-15 15:01:13

Thanks. I was pregnant when he moved so I thought there might be no entitlement.
Fair enough, but a bit short sighted on the company's part though, he said at interview I was pregnant and thus would need 1/2 weeks leave at the end of the year (we have a toddler and I'm likely to need a section).
They also know that we are lucky enough to not depend on his wages (his wages = childcare) so he'll probably end up taking his holiday (which he can only take in November) then giving notice (a month) thus leaving them a man down over their most busy period anyway.

ComeLuckyApril Sun 25-Oct-15 17:30:25

But, if you meet the condition above, he doesn't have to for shared parental leave as long as he worked enough of the year. If he can pass the employment and earnings test (worked at least 26 weeks out of the 66 before the birth date and it doesn't have to be the same employer) and if you can pass the continuity of employment test (you have stayed with same employer).

See this: www.acas.org.uk/sharedparentalleave but it's easier with the calculator above.

Stylingwax Sun 25-Oct-15 22:03:31

Thanks come I will have a look.

FishWithABicycle Sun 25-Oct-15 22:13:16

He may not be entitled to paternity leave but all parents are entitled to take up to 18 weeks of unpaid parental leave over the course of their offspring's childhood - could he request that instead?

Join the discussion

Join the discussion

Registering is free, easy, and means you can join in the discussion, get discounts, win prizes and lots more.

Register now